JUDGEMENT
R. Subramanian, J. -
(1.)The claimants, who are the wife, minor children and mother of one P.Ganesan, who died in a motor accident that occurred on 27.10.2013, are the appellants in this appeal, challenging the award passed by the Motor Accidents Claims Tribunal, (II Court of Small Causes), Chennai in MACTOP No.8200 of 2013 dated 07.01.2015.
(2.)According to the claimants, on 27.10.2013, while the deceased was standing on the western side of the Chennai-Madurai National highway, on the northern side of Manapparai Kutt Road near Kodambalur, Viralimalai Taluk, a tanker lorry, bearing Registration No.TN 04 AB 4395 came from south to north direction, on the National Highway driven in a very high speed and rash and negligent manner. The driver lost control and ran over the Kutt road platform and dashed against the said Ganesan resulting in his instantaneous death. The claimants also contended that the deceased was working in Tamil Nadu Home Guard apart from working as an agricultural labourer earning a sum of Rs. 22,000/- per month and claimed a compensation of Rs. 45,00,000/-.
(3.)The claim petition was resisted by the second respondent Insurance Company contending that there was no negligence on the part of the lorry driver and the accident occurred since the deceased attempted to cross the road without noticing the lorry. Hence, the Appellant Insurance Company is not liable to pay the compensation.
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